Article 20 - Equality before the law
Key facts of the case:
Reference for a preliminary ruling — Directive 2004/80/EC — Article 12(2) — National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation — Scope — Victim residing in the Member State in which the violent intentional crime was committed — Obligation for the national compensation scheme to cover that victim — Concept of ‘fair and appropriate compensation’ — Liability of Member States in the event of a breach of EU law.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
19) However, the referring court considers that, in accordance with the general principles of equal treatment and non-discrimination on the basis of nationality, as enshrined in Article 18 TFEU and in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, it is possible to take the view that the Italian Republic could not fully implement Directive 2004/80 by limiting the application of the national compensation scheme only to victims who were in cross-border situations, because such a limitation would subject Italian citizens who reside in Italy to unjustified discriminatory treatment.